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Contributions by 4 New Square

4

Form and content of bills
Practice notes

This Practice Note explores the form and content of bills including what constitutes a statute bill in order for the time limits for assessment to apply. It examines the different requirements including delivery, need for narrative information and dealing with disbursements as well as the consequence of failing to comply with the requirements. Changes to bills are explained eg substitution as well as detailed and gross sum bills and VAT.

Invoices and Bills
Practice notes

This Practice Note looks at invoices and bills and explains the nature of the terms. Consideration is given to Interim bills on account, interim statute bills and final bills and looks at the differences between them in terms of what a solicitor can do if there is non-payment and issues to consider including whether there is any ambiguity in the client retainer as to the type of invoice/bill. The key legislation is the Solicitors Act 1974 with key cases being Fireman v Minkin, Re Romer and Kaye Fireman & Taylor.

Recovery of costs, solicitor’s rights, and non-statutory assessments
Practice notes

This Practice Note covers the recovery of solicitors’ costs under the Solicitors Act 1974. Non-statutory assessment (or common law assessment) is available even if the client is out of time to seek statutory assessment under SA 1974, s 70, when a solicitor brings a claim on the debt. The Practice Note covers suing for recovery of costs, including delivery of costs as well as liens (in particular, equitable liens) and notices to the paying party. Also considered are the use of charging orders as well as statutory demands and bankruptcy proceedings. It also considers when a solicitor can recover fees including when the retainer is terminated and whether that termination is reasonable or the notice of it given to the client is reasonable.

Solicitor and client costs—statutory assessments
Practice notes

This Practice Note covers statutory assessment of solicitor and client costs. A solicitor, their client and other persons can seek an assessment of the solicitor’s fees pursuant to the Solicitors Act 1974 (SA 1974). The SA 1974 defines ‘party chargeable with the bill’, and this is considered in this Practice Note along with an explanation of when that party makes the application, the relevant time periods and what the specific phrases within SA 1974, s 70 mean, including the timing of delivery and interim statute bills and what constitutes special circumstances. The Practice Note also considers whether a client can waive their rights to seek statutory assessment as well as applications made by persons other than a party chargeable (ie third party applications for statutory assessments), waiver of privilege for the purposes of challenging a bill and what happens if a solicitor has already brought a claim for their costs to be paid.

Contributions by 4 New Square Experts

6

Brussels I (recast) and proceedings in third states (arts 33 and 34)
Practice notes

This Practice Note considers the impact of Regulation (EU) 1215/2012, Brussels I (recast) where there are identical or related proceedings pending before the courts of a non-EU Member State (or third state as they are often known). The relevant provisions in the regulation are Article 33 and Article 34 of Regulation (EU) 1215/2012, Brussels I (recast). This Practice Note includes discussion of the application of relevant provisions in the regulation to the UK as a third state following its departure from the EU (subject to the application of transitional provisions in the Withdrawal Agreement).

Core procedural standards in arbitration
Practice notes

This Practice Note offers an overview of some of the core procedural standards that govern arbitration proceedings (including international arbitration proceedings). It includes a discussion of the law of the seat, the applicable arbitration rules and other relevant arbitral standards such as professional obligations. This topic may be referred to as: minimum procedural standards in international arbitration; the relevance of the law of the seat (lex arbitri) to international arbitration proceedings; procedure in arbitration; what can I expect from a tribunal in international arbitration proceedings; fundamental rules of procedure in international arbitration; due process in international arbitration; and, procedural fairness and efficiency in international commercial arbitration.

Dealing with suppliers, customers and ROT claims
Practice notes

This Practice Note, produced in partnership with Tom Shepherd of 4 New Square, contains practical advice on dealing with suppliers and customers during a restructuring or insolvency process, including best practice in the circumstances to protect the company and directors, and how to work with retention of title clauses (also known as Romalpa clauses).

Ethical obligations of lawyers qualified to practise in England and Wales acting as legal representatives in international arbitration
Practice notes

This Practice Note considers the ethical obligations (duties), rules and procedures governing the conduct of barristers and solicitors, qualified to practise in England and Wales (E&W), involved in international arbitration proceedings as legal representatives. The Practice Note may be of broader use to those practising in international arbitration. As well as identifying why this subject is important to lawyers (including the common areas of tension), the Practice Note identifies and discusses the main sources of ethical regulation of English lawyers in international arbitration, which include: the IBA Guidelines on Party Representation in International Arbitration; the Bar Standards Board (BSB) and Solicitors Regulation Authority (SRA) Standards and Regulations; and, the LCIA General Guidelines for the Authorised Representatives of the Parties. The Singapore Institute of Arbitrators’ Guidelines on Party-Representative Ethics and the ICC’s Note to Parties and Arbitral Tribunals on the Conduct of the Arbitration are also noted. This broad subject may be referred to as: codes of conduct applying to UK-qualified lawyers in international arbitration proceedings; what regulatory regime governs lawyer conduct in arbitrations; what are my obligations as an English lawyer in international arbitration proceedings; regulation of party representative conduct in arbitration; and, lawyer ethics in arbitral proceedings.

The administrator and charged property
Practice notes

This Practice Note considers how the administrator must treat charged or secured property and when such property may be used for the benefit of the administration. Security includes property under a fixed and floating charge, a hire purchase agreement, a retention of title (ROT) agreement, a conditional sale agreement, or a chattel leasing agreement, as well as assets subject to a mortgage, charge, lien or ‘other security’. This Practice Note is produced in partnership with Tom Shepherd of 4 New Square.

Tribunal secretaries in international arbitration
Practice notes

This Practice Note addresses the role often performed by tribunal secretaries (also referred to as arbitral secretaries or administrative secretaries or administrative assistants) in international arbitration. The Practice Note includes a discussion of P v Q, Sonatrach v Statoil and the Yukos case regarding the permissible use of tribunal secretaries.

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